Features of the investigation of premeditated murders committed by persons with mental disorders in the practice of Ukraine

Abstract

The purpose of the article is to determine the procedural and tactical features of the investigation of premeditated murders committed by persons with mental disorders, taking into account the judicial and investigative practice of Ukraine. The authors use general and special methods that allow obtaining scientifically based conclusions and suggestions, such as dialectical, system-structural, generalizing, logical, statistical methods. The authors claim that 7,46 % of criminal proceedings committed by persons with mental disorders and requiring the application of compulsory medical measures are sent to court annually in Ukraine. It has been established that persons with alcohol and drug addiction are more prone to premeditated murders. It is determined that the issue of application of compulsory medical measures is decided by an expert during forensic psychiatric examinations. It is proved that the current criminal procedure legislation of Ukraine, although it determines the grounds for the appointment of examinations of this type, but investigators appoint them in 79% of criminal proceedings, even in the absence of statutory grounds. It is established that the appropriateness of conducting investigative (search) actions with the participation of a person with mental disorders is determined by the investigator or prosecutor on the basis of an expert opinion.